High Court Patna High Court - Orders

Binay Kumar vs State Of Bihar on 15 June, 2010

Patna High Court – Orders
Binay Kumar vs State Of Bihar on 15 June, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.20263 of 2010
                     Binay Kumar, son of Lakhan Prasad, resident of Village-
                     Fatehpur, P.S.-Fatehpur, District-Gaya. ........Petitioner.
                                                    Versus
                     The State of Bihar ............................Opposite Party.

                     For the petitioner    :- Mr. D. N. Tiwari, Advocate.
                     For the State         :- Mr. Atul Chandra, A.P.P.
                                                 -----------

2. 15. 06. 2010. Heard the parties.

In a criminal prosecution for offence under Section 7 of

the Essential Commodities Act, there is allegation of recovery of

400 liters of kerosene oil from the possession of the petitioner.

It is submitted that in fact seizure in question was made

from the road side near Girls High School, Fatehpur Bazar, in the

district of Gaya. Therefore, it can not said that seized articles was

exclusively belonging to the petitioner. It is further submitted that

petitioner is in judicial custody since 22. 04. 2010, and has been

sufficiently punished in the present case.

In the facts and circumstances of the case, the above

named petitioner is directed to be released on bail in connection with

Fathepur P.S. Case No. 61 of 2010, on furnishing bail bond of

Rs.10,000/- (Ten thousand) with two sureties of the like amount

each to the satisfaction of the Chief Judicial Magistrate, Gaya.

           m.p.                                 ( Birendra Prasad Verma, J.)